[Federal Register Volume 73, Number 85 (Thursday, May 1, 2008)]
[Notices]
[Pages 24038-24039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9579]


 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
 appearing in this section.
 
 ========================================================================
 

  Federal Register / Vol. 73, No. 85 / Thursday, May 1, 2008 / 
Notices  

[[Page 24038]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2008-0025]


Notice of Decision To Issue Permits for the Importation of 
Blueberries from Guatemala into the Continental United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: We are advising the public of our decision to begin issuing 
permits for the importation into the continental United States of 
blueberries from Guatemala. Based on the findings of a pest risk 
analysis, which we made available to the public for review and comment 
through a previous notice, we believe that the application of one or 
more designated phytosanitary measures will be sufficient to mitigate 
the risks of introducing or disseminating plant pests or noxious weeds 
via the importation of blueberries from Guatemala.

DATES: Effective Date: May 1, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. Tony Rom[aacute]n, Import 
Specialist, Commodity Import Analysis and Operation Staff, PPQ, APHIS, 
4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 734-8758.

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56 through 319.56-47, referred to below as the regulations), the 
Animal and Plant Health Inspection Service (APHIS) of the U.S. 
Department of Agriculture prohibits or restricts the importation of 
fruits and vegetables into the United States from certain parts of the 
world to prevent plant pests from being introduced into and spread 
within the United States.
    Section 319.56-4 of the regulations contains a performance-based 
process for approving the importation of commodities that, based on the 
findings of a pest risk analysis, can be safely imported subject to one 
or more of the designated phytosanitary measures listed in paragraph 
(b) of that section. Under that process, APHIS publishes a notice in 
the Federal Register announcing the availability of the pest risk 
analysis that evaluates the risks associated with the importation of a 
particular fruit or vegetable. Following the close of the 60-day 
comment period, APHIS may begin issuing permits for importation of the 
fruit or vegetable subject to the identified designated measures if: 
(1) No comments were received on the pest risk analysis; (2) the 
comments on the pest risk analysis revealed that no changes to the pest 
risk analysis were necessary; or (3) changes to the pest risk analysis 
were made in response to public comments, but the changes did not 
affect the overall conclusions of the analysis and the Administrator's 
determination of risk.
    In accordance with that process, we published a notice \1\ in the 
Federal Register on February 7, 2008 (73 FR 7248-7249, Docket No. 
APHIS-2008-0025), in which we announced the availability, for review 
and comment, of a pest risk analysis that evaluates the risks 
associated with the importation into the continental United States of 
blueberries from Guatemala. We solicited comments on the notice for 60 
days ending on April 7, 2008. We received five comments by that date, 
from a private citizen, a domestic blueberry industry association, a 
representative of the Guatemalan government, a Guatemalan exporters' 
association, and a Guatemalan blueberry grower.
---------------------------------------------------------------------------

    \1\ To view the notice, the pest risk analysis, and the comment 
we received, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0025.
---------------------------------------------------------------------------

    One commenter claimed that the risk assessment that APHIS conducted 
could not provide an accurate evaluation of the risk of pest 
introduction because blueberries are not currently grown in Guatemala. 
Therefore, APHIS is only speculating on which pests could be introduced 
through this trade, and this does not provide a sufficient basis on 
which to allow the importation of blueberries from Guatemala.
    As noted in the pest risk assessment, the first step in identifying 
quarantine pests that are likely to follow the pathway is to establish 
a comprehensive list of potential quarantine pests known to occur in 
the country or region from which the commodity is to be exported. The 
comprehensive pest list (table 5 in the pest risk assessment) lists all 
pests of Vaccinium spp. in Central America and South America for which 
we found evidence and the quarantine status of the pests with respect 
to the United States. While the amount of fruit produced and 
potentially imported into the United States from Guatemala does factor 
into our overall assessment of risk in terms of the likelihood of 
introduction of quarantine pests, it does not factor into identifying 
those quarantine pests that are likely to follow the pathway of 
imported fresh blueberry fruit.
    One commenter requested that all phytosanitary measures under 
consideration be harmonized between Guatemala and the United States. 
The commenter claimed that the phytosanitary restrictions imposed on 
U.S. exports by other countries are often more stringent than what the 
United States imposes on imports from other countries, and asserted 
that the phytosanitary regulations need to be equal between the two 
countries.
    Guatemala and the United States are both parties to the 
International Plant Protection Convention. As such, both countries have 
agreed to institute only phytosanitary measures that are technically 
justified, consistent with the pest risk involved, and represent the 
least restrictive measures available. Given that the conditions in the 
blueberry growing areas of Guatemala and the United States differ in 
many important respects--e.g., the Mediterranean fruit fly and South 
American fruit fly are present in Guatemala but not in the United 
States--it would not be appropriate or technically justifiable to apply 
the same phytosanitary measures to blueberries from the two countries.
    One commenter suggested that fumigation with methyl bromide at the 
port of arrival would be a good option, logistically and cost-wise, for 
exporters shipping small volumes of fruit to the continental United 
States from

[[Page 24039]]

Guatemala and suggested that APHIS allow its use as an alternative to 
the cold treatment.
    The risk management document that we made available with our 
February 2008 notice only considered the use of cold treatment as a 
mitigation measure. We will, however, examine the evidence for the 
effectiveness of fumigation with methyl bromide as a means of removing 
the pests of concern from the pathway and would authorize its use for 
the treatment of blueberries from Guatemala if the evidence supports 
that action.
    After considering the comments discussed above, we have determined 
that no changes to the pest risk analysis are necessary. Therefore, in 
accordance with the regulations in Sec.  319.56-4(c)(2)(ii), we are 
announcing our decision to begin issuing permits for the importation 
into the continental United States of blueberries from Guatemala 
subject to the following conditions:
     The fruit must be cold treated for Mediterranean fruit fly 
and South American fruit fly using treatment schedule T107-a-1 in 
accordance with 7 CFR part 305.
     Each shipment of fruit must be accompanied by a 
phytosanitary certificate issued by the national plant protection 
organization of Guatemala.
     Each shipment is subject to inspection upon arrival in the 
United States.
     The fruit must be a commercial consignment as defined in 7 
CFR 319.56-2.
    These conditions will be listed in the fruits and vegetables manual 
(available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/fv.pdf). In addition to these specific measures, the 
blueberries will be subject to the general requirements listed in Sec.  
319.56-3 that are applicable to the importation of all fruits and 
vegetables.

    Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 
and 136a; 7 CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 28th day of April 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E8-9579 Filed 4-30-08; 8:45 am]
BILLING CODE 3410-34-P